The Wilmingtonian., 1887-07-23
Employers Liability.


In many cases OF inJuIy Co workingmen
running machinery, it is Difficult to decide
which party is to be held responsible, or
whether it is attributable to mere unavoid-
able accident, which. it was impossible to
caution or guard against. Each of the part
les wants to shift the responsibility upon the
other, the employe to recover damages from
the employer, and the latter to shirk such
obligation. Where the case is not quite
plain, or is not settled by compromise, end
less lawsuits are frequently the consequence
and Of all industrial Countries have endeav-
oreo, therefore, to de1ue the liability of en-
ployers; and building inspectors, factory in
spectors boiler inspectors, and numbers o {
other similar funotiona-ies have been ap-
pointed to see that the laws are observed
and that the regulations regarding precau-
tionary measures to prevent accidents in fac
tories are complied with. But the more
numerous and the more specialized such en-
actments become, the less security they af-
ford to the parties concerned, and the wider
field do they open for legal tricke and
the more loopholes for evasion.
The fact u.s. the very Oldest part of our
common lay affords the best common sense
as to the proper stand points for jading of
such liability, and there is perhaps more
danger that legislators will, by statue, limit
and impair the effiofcy of the common law
than that they will improve upon it by new
ly devised regulations. The English govern
ment has lately been collecting infor -ation
as to the law in relation to this matter in
other countries, and the reports seem to con-
firm the idea that in no other country are
the provisions of the law SO generally sound
and wholesome as in France. All such ques-
tions in Franco arc still regulated by com
com law, and its provisions concerning them
are thus formulated the civil code;
ART. 1882. Any action whatever of a
man which causes an injury to another
obliges the person by whose fault the injury
has occurred to repair it.
ART. 1884. Everybody is responsible for
the injury he has caused, not only by his ac-
tion, but also by his negligence and impru-
dence.
ART. 1884 A man is responsible, not
only for the injury he has caused by his own
the action of persons for whom he is answer
able, or of bings in his charge.
The father, or the mother, after the de-
cease of the husband, are responsible for the
injury caused by their children there the
Roman law has; also guardians for injuries
caused by their charges.-ED,1 who live
with them, being minors.
Masters and employers for the injury
caused by their servants [Roman: slaves
aud ovelseers in the performance of the
functions in which they have employed
them.
Tutors and artisans for the injury caused
by their pupils or apprentices during the
time they are under their supervision.
This responsibility is incurred unless the
father, mother (guardian, masters, and EN-
ployers), tutor, or artisan prove that they
could not prevent the action which gives
rise to the responsibility.
ART. 1885. The owner of an animal, or
the person using it, is responsible, 70 long as
it is being used by him, for the injury which
the animal has caused, whether the animal
was in his charge or whether it had strayed
or escaped.
ART. 1886. The owner of a building is
responsible for the damage caused by its fall
when such fall has taken place in conse-
queuce of defective maintenance or faulty
The principles laid down in these articles
are almost verbatim translations OF the Ro-
man law, and are also nearly in the same
wording contained in the old Prussian Land
recht' complied by Suarez, under the reiga
Of Frederick II. They would undoubtedly
be held ID good common law in all our
courts To-day, where not limited by some
statute. They in,iude, in fact, all eases Of
responsibility imaginable, and our law
makers have actually nothing more to do
than to make regulations In reference to the
use of steam power aud machinery, whose
violation puts the owner, employer, or over
seer in position of responsibility analogous
to the owner of building, animal, slave,
etc., after the Roman law.